Turner v. Bryant

Headnote

Turner v. Bryant, 152 App. Div. 601 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 38, 1913, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The judgment permitted a discontinuance, so far as the complaint was concerned, without costs, and dismissed the counterclaims, with costs to plaintiff. This action was brought to set aside an assignment of a judgment from Bryant to one Burke, and to have a judgment for $587.38 costs that had been theretofore entered in favor of Charles H. Turner and Mrs. Turner declared the sole property of Charles H. Turner, and as such a proper offset to the judgment of Bryant against Turner, and to have the “Saw Mill Site ” sold under direction of the court and any balance that might remain due Turner by reason of a certain judgment entered on the 10th day of July, 1908, after

the sale of the property, be adjudged a proper offset to the judgment of Bryant against Turner as aforesaid. The defendant answered and counterclaimed, setting up damages for the use of the property for several years that Turner had been in possession and also for insurance money collected on account of loss by fire.